Distribution of Property in Florida Divorce Cases
Florida is an "equitable distribution" state regarding dividing property during divorce.

November 18, 2011 /24-7PressRelease/ -- Distribution of Property in Florida Divorce Cases

Most couples accumulate a significant amount of property over the course of their marriages -- from homes and cars to furniture, artwork and other valuable keepsakes. One of the most stressful parts of a divorce can be determining who gets to keep what.

In an ideal situation, the parties to a divorce would sit down and reach an agreement on how to divide their marital property. However, common sense and experience dictates that this is not always possible. Sometimes, these disputes end up in court.

Under Florida law, when divorcing spouses are unable to reach a property distribution agreement, the court will divide their property for them using a method called "equitable distribution." Technically, equitable means "fair," not necessarily "equal." However, Florida law establishes that both spouses should receive an equal share of the marital property unless special circumstances dictate otherwise.

Florida courts will determine whether a justification for unequal distribution exists by looking at the following factors:
-How much each spouse contributed to the marriage, including taking care of children and maintaining the home
-The economic circumstances of each party
-How long the marriage lasted
-Whether either spouse interrupted his or her career or education for the sake of the marriage
-Whether either spouse contributed to the career or education of the other spouse
-Whether it would be desirable for one spouse to maintain an uninhibited interest in a business, corporation or professional practice
-How much each spouse contributed to the family's income and acquisition of marital property
-Whether it would be in the best interest of a child to award the family home to one spouse so the child could continue to live there
-Whether either spouse intentionally wasted, depleted or destroyed marital property after the divorce petition or in the two years leading up to it

The court will also look at any other factors it thinks would be necessary to "do equity and justice between the parties."

What Is Marital Property?

Before the court can make this division, it must determine what does and does not qualify as marital property. Marital property can include not only tangible objects and real property, but also financial property such bank accounts, retirement savings and debt. Generally, something will qualify as marital property if it falls into one of the following categories:
-Assets or liabilities acquired during the marriage, by either one or both spouses
-Increases in value to non-marital assets resulting from the contribution or spending of marital assets
-Gifts from one spouse to the other
-All rights, vested or not, in retirement, pension, profit sharing, deferred compensation and insurance plans
-All real property held jointly by the parties, whether it was acquired before or after the marriage

Although the court does its best to satisfy both parties, it's often better for divorcing spouses to settle these issues themselves. They are more likely to be successful if they seek the assistance of experienced family law attorneys who can help guide them through the challenge.

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